WARDETTE DUCOTE Vs. MICHAEL BOLEWARE, ET AL.

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WARDETTE DUCOTE * VERSUS NO. 2015-CA-0764 * COURT OF APPEAL MICHAEL BOLEWARE, ET AL. * FOURTH CIRCUIT * STATE OF LOUISIANA ******* APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2011-04319, DIVISION “L-6” Honorable Kern A. Reese, Judge ****** Judge Rosemary Ledet ****** (Court composed of Judge Joy Cossich Lobrano, Judge Rosemary Ledet, Judge Sandra Cabrina Jenkins) LOBRANO, J., DISSENTS WITH REASONS Richard L. Ducote 4800 Liberty Avenue, Third Floor Pittsburgh, PA 15224 Denis W. Barry, Jr. 28350 Charley Watts Road Livingston, LA 70754 COUNSEL FOR PLAINTIFF/APPELLANT Michael J. Madere LAW OFFICES OF ROBERT D. FORD 111 Veterans Boulevard Suite 1970 Metairie, LA 70005 COUNSEL FOR DEFENDANT/APPELLEE REHEARING GRANTED FOR CLARIFICATION; JUDGMENT UNCHANGED MARCH 4, 2016 We grant the application for rehearing for clarification purposes only. As Wardette Ducote correctly points out in her application for rehearing, the New Orleans ordinances cited in our original opinion are not the ordinances in effect on the date of the accident. Nonetheless, even under the ordinances in effect on the date of the accident, the result in this case remains the same. Therefore, our original opinion remains unchanged. REHEARING GRANTED FOR CLARIFICATION; JUDGMENT UNCHANGED 1

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